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Report of the Committee dated 3.12.2021

6. In pursuance of above, a report has been filed by the joint Committee dated 03.12.2021. The Committee prepared a questionnaire for securing information from the concerned authorities and also undertook visit to the site on 12.10.2021. The Committee has found that there is violation of requirement of prior EC as the EC earlier granted for a part of the project but the PP went ahead with the project without specifying the complete details. There is further violation of project being commenced without prior CTE and CTO from the State PCB as required under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and also extraction of the ground water without requisite permission of the CGWA. Accordingly, compensation has been suggested for restoration. For not obtaining prior CTE & CTO, suggestion is to levy compensation of Rs. 5 crores on the pattern of order of the Hon'ble Supreme Court dated 10.08.2018 in Civil Appeal No. 10854 of 2016, M/s Goel Ganga Developers India Pvt. Ltd. Vs. Union of India & Ors.

PP has informed vide letter dated 05/09/2011 to PMC that the development work of building on Survey No. 22/2, Plot-A, Kharadi, Pune will be commenced on 26/09/2011. (Copy of letter dated 05/09/2011 submitted by PP to PMC is given at Annexure V). Further, PP obtained first Plinth Check Certificates dated 06/07/2013 on Plot A. The above reveals that the PP started development/construction and operation of the project without obtaining CTE and CTO from MPCB and violated provisions under section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and also extracting ground water from bore well for which NOC has not been obtained from CGWA.

d) Accidental discharges lasting for short durations resulting into damage to the environment.
e) Intentional discharges to the environment -- land, water and air resulting into acute injury or damage to the environment.
f) Injection of treated/partially treated/ untreated effluents to ground water.

Though such listed instances may not be directly applicable in the current matter for arriving at the damages amount (in addition to the environmental compensation as given at para 4) for contravening mandatory provisions of environmental laws (w.r.t. EC violations, starting construction and operation of the project without CTE/CTO as given at paras 3(d) and (e) above), an attempt is being made by this committee to assess the environmental compensation using the formula prescribed in the said CPCB report which may be taken as damages amount for contravening mandatory provisions of environmental laws. The formula takes into account of number of days violation took place, pollution index of unit, scale of operation, location factor based on population and an amount factor in Rupees.

2,91,09,375/- as alternative for violation in obtaining CTE and further compensation based on approach paper of SEIAA dated 30.01.2019, i.e. equivalent to EMP cost considering factors like - Afforestation; Water conservation program; Urban environment and sanitation; Sewerage lines and STP, solid waste management, and Urban air/noise pollution control.

It has been clearly found in the present case that EC was obtained after part construction of the project, there was misrepresentation by the PP and construction of the project was without requisite CTE. In respect of violation in proceeding without CTE, compensation has been assessed at Rs. 5 crores or Rs. 2,91,09,375/- and for the remaining, the assessment of cost has been left to SEIAA or this Tribunal. The project cost has not been specified but according to counsel for the appellant it is not less than Rs.400 crore.